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xas issued preliminary injunctions against enforcement of the order a year later a panel of the 9th circuit court of appeals has upheld the injunction in the california case by a 2 1 vote read more edward hasbrouck posted in surveillance state 3 comments aug 31 2026 airline reservations are still being used to target dissidents much of the public interest in the case of samuel tunick has focused on the charge carrying up to a five tear prision sentence that mr tunick destroyed property to prevent its seizure by the government by giving customs and border patrol cbp agents at the atlanta airport a duress password for a smartphone mr tunich was carrying when he returned from an international trip the phone seized from mr tunick at the airport was running graphene os an open source variant of the android operating system when one of the cbp agents entered the password mr tunick under duress provided it wiped the phone s user memory and reset the phone to a state as though the os had just been installed the option to set a duress password that wipes the phone in addition to one or more user passwords for separate user spaces is a feature of graphene os intended to reduce the risk of coerced disclosure of data mr tunick was arrested at the airport last december but briefing on pre trial motions is ongoing and no trial date is in sight this is an important test case on the issues raised by the duress password the way it functions in graphene os and compelled disclosure of passwords generally but there s another concerning issue raised by the facts in this case how airline reservations were used to target mr tunick in advance for special treatment on arrival including seizure of his phone and pressure to disclose a password for the phone mr tunick wasn t singled out for secondary screening at random or because of anything he said or did or was carrying that appeared suspicious to cbp agents at the airport according to a report of a motion hearing in july the transcript of which has not yet been released cbp agents were sent an automatically generated email message before his flight got to atlanta alerting them in advance that a person in whom they had previously indicated an interest had reservations on a specific airline flight number date and time read more edward hasbrouck posted in freedom to travel surveillance state leave a comment aug 30 2026 sfo evades criticism of its role in immigration enforcement excerpt from illegal contract awarded by sfo to sita in violation of the s f sanctuary city ordinance describes facial recognition hardware software and services paid for by the city and county of san francisco deployed by sita on city and county property at sfo and used to collect and transit mug shots of passengers and permission to board messages between airlines the airport and cbp dhs for purposes including immigration enforcement at the san francisco airport commission meeting on august 15th a dozen members of the public video mission local sf public press called on the airport commission to comply with san francisco s sanctuary city ordinance which prohibits use of s f city and county resources including airport property and funds for immigration enforcement another 35 people sent written comments to the airport commission on the same subject many of the commenters who included including supporters of indivisible sf bay resistance and the identity project among others explicitly endorsed the comments of the identity project and our specific requests for action by the airport commission the airport commissioners neither discussed nor responded to any of our criticism but the director of sfo mike nakornket opened the meeting by trying to preemptively deflect our criticism with a mix of false untested inadequate and unresponsive claims about the city s actions and legal authority as the owner landlord and operator of the airport false airport director nakornket claimed that sfo is not involved in the sharing of passenger information for immigration enforcement purposes which we understand occurs on a federal level between dhs agencies but the airport director should know that this isn t true read more edward hasbrouck posted in biometrics freedom to travel surveillance state 3 comments aug 14 2026 dhs demands aamva s national commercial driver database the us department of homeland security dhs has subpoenaed the american association of motor vehicle administrators aamva for a copy of all entries in the cdlis national database of state issued commercial driver s licenses held by aamva the administrative subpoena was issued august 11th and ordered aamva to hand over a copy of all records that were found in the cdlis database any time in the last five years by 8 am monday august 17th dot says that aamva operates the cdlis database on behalf of the federal government it is contractually and legally obligated to furnish the requested records at fmcsa s direction in response a group of states led by illinois has filed separate lawsuits in virginia where aamva is incorporated against the dhs to quash the subpoena and against aamva and the us department of transportation dot to enjoin aamva from complying with the dot s parallel demand for the same data us district judge anthony trenga immediately issued temporary stays which prohibit aamva from complying with the subpoena and prohibit any actions by dot to punish aamva for noncompliance with the dhs subpoena or dot demand for cdlis data initial hearings before judge trenga in both cases are scheduled for thursday august 20th we hate to have to say we told you so but in this case we told you so the cdlis database is the little brother for commercial driver s licenses for truckers to the big brother spexs database for all driver s licenses and state issued id cards like spexs cdlis is a national database of pointer records including name date of birth state license or id number and social security number aggregated from information uploaded by state motor vehicle agencies but held by aamva or aamva s contractors cdlis commercial license and s2s non commercial license pointer records are all stored in the same spexs database as part of aamva s central site excerpts from aamva s spexs system specification we ve warned repeatedly that once data is uploaded to aamva s spexs database federal agencies could demand it from aamva in bulk state authorities most recently in california have brushed off our warnings but as conceded in declarations from the california department of motor vehicles in one of the new cases the california dmv has already been uploading cdlis information about commercial driver s licenses to spexs and plans to start uploading s2s data about all california license to spexs in 2027 the dhs is now seeking to obtain driver s license data from every state in bulk through an administrative subpoena to aamva for use for immigration enforcement in exactly the manner and for the purpose we predicted and warned about aamva s role is noteworthy and contemptible although unsurprising aamva was sent a demand for the entirety of the cdlis database on june 25th but didn t tell the states that had uploaded the data in question about the federal demand until almost a month later on july 23rd state can t count on prompt notice from aamva even now aamva isn t challenging the demand for cdlis data aamva is a defendant along with the federal agencies in the lawsuits brought by states to protect their residents data against bulk disclosure to federal agencies for immigration enforcement according to the complaints the dhs and dot have threatened to cut off all federal funding for aamva including funding for cdlis itself and presumably also spexs if aamva doesn t hand over the requested data aamva depends on federal funding so it can t afford to challenge federal demands making it in effect a captive proxy for the feds despite being a nominally non governmental private nonprofit corporation presumably the feds will learn from aamva s failure to challenge their demands for the data it holds next time they ll come back with a subpoena that includes a gag order prohibiting aamva from disclosing the subpoena to states that uploaded the data so states will have no chance to file lawsuits like the ones filed this week the obvious next step after that would be a similar demand for spexs data about ordinary non commercial licenses probably as soon as california completes its planned bulk upload to spexs sometime early in 2027 officials in california and other states can no longer claim this isn t possible state legislators need to act now to withdraw their states from spexs before the dhs expands its data demands from the commercial licenses in cdlis to all licenses in spexs edward hasbrouck posted in cars buses trains real id surveillance state 7 comments jul 31 2026 can sfo rein in the feds as discussed in a feature article today by clara sophia daly on mission local recent searches and arrests of passengers trying to board domestic flights at san francisco international airport sfo have prompted us to question what the airport has done and what more it could and should do to comply with city ordinances regulating use of surveillance technology and restricting collaboration with immigration enforcement the arrest of iryna gorb by ice at sfo on july 22nd and the search of nikolas de bremaeker by the tsa and or by covenant aviation security the contractor that supplies most of the checkpoint staff at sfo at sfo on june 10th raise questions about 1 the technologies in use to flag passengers to components of the department of homeland security dhs based on airline reservations 2 whether equipment owned or operated by the airport is used to collect data passed on the dhs 3 what if any limits are placed on warrantless access by dhs agents to airport premises and 4 whether the policies of the airport as put in place by the sf airport commission as an agency of the city and county comply with city ordinances for both domestic and international flights the dhs requires airlines to send information about all passengers and their itineraries to dhs components starting 72 hours before departure reservation and itinerary information for international flights is sent to us customs and border protection cbp and included in its automated targeting system ats information for domestic flights is sent to the transportation security administration tsa through its secure flight system no airline is allowed to issue a boarding pass for either a domestic or international flight unless and until it receives an individualized per passenger per flight permission message from the tsa or cbp in the form of a boarding pass printing result bppr the default in the absence of a favorable bppr is not to allow them to fly these fly no fly decisions are based on a black box of secret algorithms that incorporate list based rules blocklists and other rules based on other known and unknown data once such a data collection and algorithmic control mechanism is in place it s easy to add lists or other rules to the algorithm or add recipients to the data stream what s less well known is that the dhs doesn t just use the information it gets from airlines to decide whether or not to allow you to fly it can also use this information to generate handling codes instructing checkpoint staff to conduct special searches of your person and property or to generate messages to other agencies that may want to arrange an unwelcoming party to intercept you at the airport on departure or on arrival to question search or arrest you with or without a warrant we question the legality of many of these activities many of them have not yet been reviewed or approved by any court and have little or no basis in law airline passengers need to know that legal or not this is happening travelers also need to know that as we were the first to report last year see here and here and as was later confirmed by the new york times and american oversight some of the most intrusive and legally questionable aspects of these systems of surveillance and control of air travel based on reservation data from airlines have in the last year been expanded from international flights to domestic flights air travelers should beware read more edward hasbrouck posted in freedom to travel secure flight surveillance state 15 comments jul 16 2026 gov newsom signs law to upload california data to national id database ignoring objections from grassroots organizations from diverse communities throughout the state and a litany of lies to the legislature from the california department of motor vehicles dmv gov gavin newson signed a bill into law this week which authorizes the dmv to upload information about about all california driver s licenses and state issued non driver id cards to the spexs national id database the bill sb 169 is effective immediately gov newsom and the dmv have made much of the guardrails included in the bill but as we testified at the last hearing before this bill was enacted see video starting at 2 48 22 once the dmv uploads information about all california driver s licenses and ids to aamva which holds the spexs database the guardrails in this bill would do nothing to protect californians against the threat that federal or other states law enforcement agencies could obtain an order 1 requiring aamva to hand over this data in bulk and 2 prohibiting aamva from disclosing that order to the dmv or to the californians especially vulnerable immigrant and transgender californians against whom this data will be weaponized neither the dmv nor impacted californians will even know this has happened and it won t be detectable by the audit of dmv records not aamva records required by sb 169 in its report on the signing of sb 169 the sacramento bee erroneously states perhaps based on misinformation from the dmv and or the governor s office that the data sharing authorized by sb 169 is required by federal law but the regulations cited by the bee apply only to those states that choose to comply with the real id act as a coalition of 170 organizations said in a joint statement quoted by the bee the first rule of combating tyranny is do not comply in advance it is imperative that california not willingly give away data that the federal government could turn around and use to harm our communities no state is required to comply with the real id act no state is required to upload data about its residents to a database held by a private company aamva this is a choice the wrong choice for californians edward hasbrouck posted in real id 2 comments jul 01 2026 did california s dmv director lie to the legislature california dmv director steve gordon responds to questions from members of senate budget subcommittee 5 on transportation march 19 2026 as part of their lobbying of the california legislature to change state law and appropriate 55 million to upload information about all c...
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